INTRODUCTION AND BRIEF DESCRIPTION
Competent authorities must publish an annual report containing information about public officers and senior officials designated under subsection 25.1(6) and their actions.
SECTION WORDING
25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority, (a) the number of designations made under subsection 25.1(6) by the senior officials; (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials; (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers; (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).
EXPLANATION
Section 25.3(1) of the Criminal Code of Canada mandates that competent authorities publish an annual report on the conduct of public officers and senior officials designated by the authority. This report must cover various aspects, including the number of designations made under the subsection 25.1(6) by senior officials, the number of authorizations made under paragraph 25.1(9)(a), the number of times public officers committed acts in accordance with paragraph 25.1(9)(b), and the nature of the conduct under investigation when the above actions were taken. The report also requires information on the nature of acts or omissions committed under designations made under paragraph 25.1(6), the authorizations referred to in paragraph 25.1(9)(a), and those committed in accordance with paragraph 25.1(9)(b). This information will allow the competent authorities to monitor and assess the actions taken by designated public officers and senior officials. The purpose of this section is to maintain transparency in the actions of public officers and senior officials and to ensure that their actions are subject to scrutiny. By publishing this information, the competent authorities hold the designated officers and officials accountable for their actions, which ultimately enhances public trust in the justice system. Overall, Section 25.3(1) aims to promote accountability, transparency, and public confidence in the justice system. By providing access to information on the actions of designated public officers and senior officials, the report reinforces the human rights of the Canadian population.
COMMENTARY
Section 25.3(1) of the Criminal Code of Canada is a provision that requires competent authorities to publish an annual report that discloses certain information relating to the use of powers provided under the code to public officers and senior officials designated by the competent authority. This section is an important component of the code, as it ensures transparency and accountability in the exercise of powers that can infringe on the rights and freedoms of individuals. The provision requires competent authorities to report on the number of designations made under subsection 25.1(6) by senior officials, the number of authorizations made under paragraph 25.1(9)(a) by senior officials, and the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by public officers. This is important information because it provides an overview of the extent to which the powers are being used. Additionally, the report must include information about the nature of the conduct being investigated when designations or authorizations were made or when acts or omissions were committed, as well as the nature of the acts or omissions themselves. This information is crucial because it gives the public insight into the circumstances under which the powers were exercised and allows for scrutiny of these actions. Furthermore, this provision requires that the report be made available to the public. This aspect is essential because it ensures that the information is accessible to all individuals and organizations who may have concerns about the use of these powers. It also enables individuals to hold the competent authority accountable by raising issues related to the use of powers to the appropriate authorities. The purpose of this section is to balance the need for security and public safety with fundamental rights and freedoms. It recognizes that the use of powers can have a significant impact on individuals and society, and therefore, it is necessary to ensure that they are used appropriately and in accordance with the legal framework. In conclusion, the publication of an annual report under Section 25.3(1) of the Criminal Code of Canada is an essential step in ensuring transparency and accountability in the exercise of powers that can infringe on the rights and freedoms of individuals. By disclosing information about the use of these powers, the public can hold competent authorities responsible for their actions and ensure that the use of powers is lawful and justified. This provision is a crucial safeguard for fundamental rights and freedoms in Canada.
STRATEGY
Section 25.3(1) of the Criminal Code of Canada requires competent authorities to publish an annual report that outlines a variety of information related to the use of certain powers by public officials. This section places a significant reporting burden on authorities, but it also creates an opportunity for them to manage their reputation and build public trust. In this context, there are several strategic considerations that should be taken into account when dealing with this section of the Criminal Code of Canada. Firstly, authorities must be aware that the annual report will be closely scrutinized by different stakeholders, including members of the public, media, and civil society organizations. Therefore, it is important to provide accurate and transparent information that can withstand scrutiny while also being mindful of privacy concerns. This requires careful consideration of the type of information that will be revealed in the report, how it will be presented, and who will have access to it. Secondly, authorities should be aware of the potential implications of any negative information contained within the report. If significant abuses of power are revealed, there may be public outcry and loss of trust in the institution. Therefore, authorities must be prepared to respond to any negative publicity that may result from the report. This may include engaging in transparent communications with stakeholders to explain the circumstances surrounding the abuses of power, taking corrective measures, and demonstrating a commitment to preventing such incidents from occurring in the future. Thirdly, given the importance of public trust in the institutional authority, strong governance and compliance structures must be in place. This requires investment in training and education for all personnel who are authorized to use the powers described in the report. Additionally, internal processes should be established to monitor and evaluate the use of these powers to ensure compliance with relevant legislation and policies. Finally, public authorities should develop a strategy for engaging with stakeholders in the development and release of the report. This may include consultation with civil society organizations, the media, and members of the public to ensure that the information contained in the report is both useful and widely disseminated. By engaging with stakeholders in this manner, authorities can build trust, ensure greater accountability, and ultimately improve public confidence in the institutions they represent. Overall, effective management of the reporting obligations outlined in Section 25.3(1) requires strategic planning and engagement with stakeholders. By taking steps to ensure transparency, compliance, and a commitment to preventing abuses of power, authorities can build trust and foster a culture of accountability. Such an approach can also serve to promote the overall health and resiliency of the institutions involved.